BILL NUMBER: SB 204	CHAPTERED  10/10/99

	CHAPTER   1010
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 7, 1999
	AMENDED IN ASSEMBLY   MAY 25, 1999
	AMENDED IN SENATE   MARCH 18, 1999
	AMENDED IN SENATE   MARCH 1, 1999

INTRODUCED BY   Senator Lewis
   (Principal coauthors:  Assembly Members Brewer, Campbell, and
Correa)
   (Coauthors:  Senators Dunn, Johannessen, Johnson, Knight,
McPherson, Monteith, Morrow, and Poochigian)
   (Coauthors:  Assembly Members Ackerman, Bates, Battin, Baugh,
Cardoza, Davis, Florez, Gallegos, Havice, House, Longville, Maddox,
Maldonado, Margett, Nakano, Robert Pacheco, Reyes, Romero, Scott,
Soto, Wildman, and Zettel)

                        JANUARY 20, 1999

   An act relating to pest control, making an appropriation therefor,
and declaring the urgency thereof, to take effect immediately.

      (Approved by Governor October 10, 1999.  Filed with
Secretary of State October 10, 1999.)

   I am signing Senate Bill No. 204 which provides resources for
local treatment to control and eradicate the Red Imported Fire Ant
(RIFA).  However, I am reducing the appropriation by $7,500,000
leaving $2 million for these purposes.
   I included in my 1999-2000 budget $8,800,000 for statewide
eradication efforts.  Additionally, the California Department of Food
and Agriculture's multi-year action plan for control and eradication
of this pest calls for additional funds in each of the next four
budget years.  I will review the need for these additional funds
during the budget process.
   In order to assist local jurisdictions with eradication efforts, I
am directing the Secretary of Food and Agriculture to redirect
$4,000,000 from existing statewide funds for local treatment efforts.

   Responsibility for eradication efforts must be borne primarily by
the areas impacted, and funding for local treatment programs must
reflect that responsibility.  Therefore, I am directing the Secretary
of Food and Agriculture to seek additional funds from both the
federal government and local entities for these efforts.

                                                 GRAY DAVIS, Governor


	LEGISLATIVE COUNSEL'S DIGEST


   SB 204, Lewis.  Red imported fire ants.
   Existing law generally provides for the control and eradication of
pests, as specified.  Existing law also provides for the Red
Imported Fire Ant Advisory Panel.
   This bill would appropriate $9,500,000 from the General Fund to
the Department of Food and Agriculture Fund for the purpose of
controlling and eradicating the infestation of the red imported fire
ant in California, as specified.
   The bill also would require the department, not later than  June
30, 2000, to report to the Legislature outlining its expenditures and
setting forth its progress in eradicating the infestation of the red
imported fire ant in the state.
   The bill would declare that it is to take effect immediately as an
urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) The Legislature hereby finds and declares that the
red imported fire ant is known for its aggressive behavior and
venomous bite, and can interfere with outdoor activities, and
threaten people as well as animals and agriculture.  Red imported
fire ants have been identified in six counties and are spreading
rapidly, with new mounds being discovered daily.  To date, there have
been more than 32 deaths related to red imported fire ants
throughout the nation.
   (b) Notwithstanding Section 7550.5 of the Government Code, the
Department of Food and Agriculture, not later than  June 30, 2000,
shall report to the Legislature outlining its expenditures and
setting forth its progress in eradicating the infestation of the red
imported fire ant in California.
  SEC. 2.  The amount of nine million five hundred thousand dollars
($9,500,000) is hereby appropriated without regard to fiscal year
from the General Fund to the Department of Food and Agriculture Fund
for the purpose of controlling and eradicating the infestation of the
red imported fire ant in California, as follows:
   (a) The funds appropriated pursuant to this section shall be used
for those costs that are incurred by the state or by local entities
after the effective date of the bill that added this section.
   (b) Whenever, in any county, funds are allocated by the Department
of Food and Agriculture for local assistance regarding the red
imported fire ant, those funds shall be made available to a local
public entity, or local public entities, designated by that county's
board of supervisors.
   (c) Any funds allocated by the department to a designated local
public entity or designated local public entities shall be utilized
solely for activities consistent with the local red imported fire ant
workplan.
   (d) The development and implementation of the local red imported
fire ant workplan shall be the responsibility of the designated local
public entity.  On request, the department shall provide
consultation to the local public entity regarding the local red
imported fire ant workplan.
   (e) The local red imported fire ant workplan developed by the
designated local public entity shall include, but is not limited to,
all of the following:
   (1) In coordination with the department, the development and
delivery of public outreach information and training to local
communities, groups, and individuals to organize their involvement
with the work plan and to raise public awareness regarding the red
imported fire ant.
   (2) In coordination with the department, the development and
delivery of ongoing training of the designated local public entity's
employees in the biology, survey, and treatment of the red imported
fire ant.
   (3) The identification within the designated local public entity
of a local red imported fire ant coordinator.
   (4) A survey of locations of the red imported fire ant.
   (5) The proposed treatment of the red imported fire ant.  If
pesticide treatment is proposed, the plan shall identify how the
local public entity will comply with applicable laws and regulations
regarding the use of pesticides.
   (6) In coordination with the department, the development and
implementation of a data collection system to track and report red
imported fire ant activities.
   (7) An annual budget for the workplan.
   (f) On an annual basis, while funds appropriated by this section
are available for encumbrance, the department shall review the
progress of each local public entity's red imported fire ant
activities and, as needed, make recommendations regarding those
activities to the local public entity.
   (g) Funds appropriated for local assistance shall not be allocated
to a local public entity until the local public entity's red
imported fire ant workplan is approved by the department as being
consistent with subdivision (e) and, in addition, annually thereafter
with recommendations required in subdivision (f).
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to bring about the control and eradication of the red
imported fire ant at the earliest possible time, it is necessary that
this act take effect immediately.
